April 2013 News 4: ANTI RAPE ORDINANCE IS PROMULGATED BY THE PRESIDENT

ANTI RAPE ORDINANCE IS PROMULGATED BY THE PRESIDENT

President Pranab Mukherjee on February 3, 2013 signed an ordinance on sexual violence against women, under which rape that leads to death of the victim can attract the death penalty.

With  the President's signature, the ordinance, Criminal Law (Amendment) Ordinance, has become a law. It now requires Parliament's approval within six months, which the government plans to obtain in the budget session itself.

The cabinet had earlier recommended the draft of the ordinance to the President for his assent, in a bid to fasttrack stringent amendments to criminal laws to check crime against women.

The ordinance, based largely on the recommendations of the justice J. S. Verma Committee, also proposes to replace the word 'rape' with 'sexual assault' to expand the definition of all types of sexual crimes against women.

The cabinet went beyond the Verma Committee's recommendation by providing for capital punishment in the cases where rape leads to death of the victim or leaves her in 'persistent vegetative state'.

The ordinance has evoked a mixed response with Opposition Bharatiya Janata Party welcoming it, but Communist Party of India (Marxist) and several women's groups opposed it, attacking the government for doing 'injustice' to the Verma panel recommendations.

The Verma panel was set-up in the aftermath of the gangrape of a student in Delhi.

·     Death penalty for rapist if victim's injuries leave her in a permanent vegetative state.

·        Death of victim to automatically put accused on trial for rape and murder, which carries death sentence in rarest of rare cases like the Delhi gangrape.

·        'Rape' to be replaced with 'sexual assault'-with a wider definition-in law books.

·        Acid attack victims to get immunity in cases where act of self-defence leads to perpetrator's death.

·     Those found guilty of acid attacks on women to pay Rs. 10 lakh compensation to the victim.

Govt. feels Justice Verma panel exceeded its brief in some recommendations.

Terms these as suggestions on general policy matters and administrative issues.

Will send these recommendations to concerned ministries for appropriate action.

Uneasy with recommendations on electoral, police and education sector reforms.

Law Minister Ashwani Kumar has hinted it will not be possible to disqualify candidates merely on the basis of being charge sheeted by a court

LEFT OUT RECOMMENDATIONS

·        Making marital rape criminal offence.

·        Lowering age of consensual sex from 18 years to 16 years.